Former Bank of America employees in California, New York and Illinois who left with accrued vacation that was never paid out will be paid automatically from the $4.28 million Bank of America unused vacation class action settlement; there is no claim form. The final approval hearing is December 17, 2026.
Current Status
The court granted preliminary approval on September 1, 2026, and notices were scheduled to be mailed to class members on October 8, 2026. Payments are automatic. The deadline to opt out, object or dispute the payment estimate is November 23, 2026, and the final approval hearing is December 17, 2026. No payments will be made until the court grants final approval.Free settlement alerts
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What Changed Recently?
U.S. District Judge P. Casey Pitts preliminarily approved the settlement in Nguyen v. Bank of America, N.A., No. 5:23-cv-04999, in the Northern District of California on September 1, 2026, and the administrator, Analytics Consulting LLC, opened the settlement website. Former employees alleged Bank of America failed to pay accrued, unused vacation when they left the company, in violation of California, New York and Illinois law and their employment contracts. Bank of America denies the allegations and says it has always had processes to pay out unused vacation; the court has not ruled on the merits.Who Qualifies?
The class covers individuals formerly employed by Bank of America who:- worked in California, New York and/or Illinois during the covered period;
- had a positive vacation balance when they left, meaning the vacation accrued in their final year plus any carried over was more than the vacation recorded in Workday as used that year; and
- did not receive any payout for that accrued but unused vacation.
The covered period runs through September 1, 2026, and starts on a different date in each state: September 28, 2019 for California, September 28, 2017 for New York, and September 28, 2013 for Illinois.
How Much Can You Get?
There is no flat amount. Each payment is calculated from the class member’s accrued vacation and rate of pay in Bank of America’s records, plus the additional remedies and penalties available under California, New York or Illinois law. Each notice states the person’s estimated payment, which may go up or down before payments are made.The $4.28 million fund also pays attorneys’ fees of up to one-third (about $1.43 million) and roughly $250,000 in litigation expenses, up to $10,000 in class representative awards, about $75,000 for administration, and taxes, including the employer’s share of payroll taxes. The notice says half of each payment is treated as wages with withholdings and reported on a W-2, and half is reported on a Form 1099; questions about how that applies to a particular person are for a tax professional.
What Proof or Notice ID Is Required?
None to be paid. The notice comes with an Adjustment Form showing the data used to estimate the payment. A class member who thinks that data is wrong can return the form with supporting documentation by November 23, 2026. Forms without documentation are rejected, and the administrator has final, non-reviewable discretion over disputes.What Is the Deadline?
There is no claim deadline. Requests to opt out, objections and Adjustment Forms must be sent to the administrator by November 23, 2026, which is 45 days after the notice mailing; the deadline may be extended for someone who received a re-mailed notice. Class members who do nothing are paid and give up the wage-and-hour claims the settlement releases.How Do You Take Action?
No action is needed to be paid. The notice, settlement documents and opt-out instructions are on the official Unused Vacation Settlement website. Checks go to the address the notice was mailed to, so class members who move need to update their address with the administrator through the website’s contact page.What Happens Next?
Judge Pitts will consider final approval, attorneys’ fees and the service awards at a hearing at 10:00 a.m. Pacific time on December 17, 2026, in Courtroom 8 of the federal courthouse in San Jose; the date may change. If the settlement is approved and becomes final, the administrator mails one check to each participating class member. Checks must be cashed within 120 days; after that, the money is sent to the unclaimed property fund of the state where the person worked. A lost check can be replaced only if requested before its void date.Sources and Verification
• Unused Vacation Settlement — official website and FAQ (Analytics Consulting LLC)• Order Granting Preliminary Approval, Nguyen v. Bank of America, N.A., No. 5:23-cv-04999-PCP (N.D. Cal. Sept. 1, 2026), ECF No. 95
• Court-Approved Notice of Class Action Settlement (embedded below)
Questions
Do former Bank of America employees need to file a claim?
No. Class members who do not opt out are paid automatically by check mailed to the address on their notice. The notice includes an estimate of each person’s payment.
Who qualifies for the Bank of America unused vacation settlement?
Former Bank of America employees who worked in California, New York or Illinois during the covered period, left with a positive vacation balance, and received no payout for accrued but unused vacation. The covered period starts September 28, 2019 for California, September 28, 2017 for New York and September 28, 2013 for Illinois, and runs through September 1, 2026.
What if my estimated Bank of America payment looks wrong?
The notice comes with an Adjustment Form showing the data behind the estimate. A class member who believes the data is wrong can return the form with supporting documentation by November 23, 2026. Forms without documentation are rejected, and the administrator’s decision is final.
When will Bank of America settlement checks be mailed?
Only after the court grants final approval and the judgment becomes final. The final approval hearing is December 17, 2026. Checks must be cashed within 120 days; uncashed money is sent to the unclaimed property fund of the state where the person worked.
